How's the licensing situation with the current chief?
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Newton Gun Shop getting pushback
- Thread starter qwert77
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but I don't think the woburn chief issues unrestricted LTC's. Can anyone confirm this?
From the mayor’s newsletter tonight:
Gun Shop Update
The City Council is again poised to vote on a strict zoning ordinance amendment focused on gun dealerships at a special meeting of the full Council next Wednesday, June 2, at 6:30 p.m. They will vote on a proposed zoning amendment that incorporates buffer distances from residences and sensitive uses (resulting in only three potential locations within the City) and importantly, would mandate any potential firearm business to apply for and receive a Special Permit from the City Council (requiring a 2/3 vote of the full City Council for approval).
The Zoom link will be posted here.
The City Council’s Zoning and Planning Committee met last night to discuss the separate but related track of amending the City zoning ordinance to ban completely gun businesses in Newton; they voted to schedule a public hearing. (You can watch last night’s Zoning and Planning meeting here at NewTV/Vimeo.)
The date for the public hearing for residents and others to speak up about the proposal to ban all gun businesses in Newton is scheduled for Monday, June 21.
In light of the implications of the 2ndAmendment and the current legal landscape, the opinion of our City’s Law Department is that a complete ban would likely be held unconstitutional by a court of law.
Gun Shop Update
The City Council is again poised to vote on a strict zoning ordinance amendment focused on gun dealerships at a special meeting of the full Council next Wednesday, June 2, at 6:30 p.m. They will vote on a proposed zoning amendment that incorporates buffer distances from residences and sensitive uses (resulting in only three potential locations within the City) and importantly, would mandate any potential firearm business to apply for and receive a Special Permit from the City Council (requiring a 2/3 vote of the full City Council for approval).
The Zoom link will be posted here.
The City Council’s Zoning and Planning Committee met last night to discuss the separate but related track of amending the City zoning ordinance to ban completely gun businesses in Newton; they voted to schedule a public hearing. (You can watch last night’s Zoning and Planning meeting here at NewTV/Vimeo.)
The date for the public hearing for residents and others to speak up about the proposal to ban all gun businesses in Newton is scheduled for Monday, June 21.
In light of the implications of the 2ndAmendment and the current legal landscape, the opinion of our City’s Law Department is that a complete ban would likely be held unconstitutional by a court of law.
Newton has now blocked the gun store from opening:
whdh.com
Newton City Council approves restrictive zoning regulations for gun shops - Boston News, Weather, Sports | WHDH 7News
NEWTON, MASS. (WHDH) - The Newton City Council approved restrictive zoning regulations for gun shops.The regulations say firearm businesses would have to be located a<a class="excerpt-read-more"...
whdh.com
silversquirrel
NES Member
4 whole sentences. Ace journalism right there, boy.Newton has now blocked the gun store from opening:
Newton City Council approves restrictive zoning regulations for gun shops - Boston News, Weather, Sports | WHDH 7News
NEWTON, MASS. (WHDH) - The Newton City Council approved restrictive zoning regulations for gun shops.The regulations say firearm businesses would have to be located a<a class="excerpt-read-more"...
I really hope this shop has more tricks up its sleeve, and a willingness to fight. Giving up now would just embolden all of Eastern Mass to do the same thing.
Repeater1988
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garbage town full of C U N T S
Mesatchornug
NES Member
This. I hope that some combination of major orgs have some cash to throw at him to help with the suit. I'll go buy something from him the day he opens, if he wins.
City council were in a hurry to pass this zoning ordinance to prevent this shop from opening. They rejected several even more restrictive amendments just for the sake of time to ensure they voted last night. There is still a complete gun store ban on the table with a public hearing set for 6/21. With all that said, this group of 24 clowns are the most inept, incompetent "leaders" I have ever seen. They still found a way to debate for 2+ hours last night when all are in complete lockstep on pretty much every progressive issue before them...
ReluctantDecoy
NES Member
This is bullsh*t. A city shouldn't be able to change zoning ordinances after you submitted your permit application for use and occupancy. That is straight up discrimination at that point.
Mesatchornug
NES Member
My understanding is that they can't. It seems their legal counsel similarly thinks it won't survive challenge. Here's hoping it gets tested.
ReluctantDecoy
NES Member
Most municipalities lock applications into "grandfathered" zoning once any application is submitted for this very reason of discrimination. It would be way to easy for a person or business to be targeted for discrimination by the city playing a shell game on allowed uses via zoning changes. But I'm not familiar with Newton enough to know what crazy sh*t they get into down in their city hall.
Mesatchornug
NES Member
NB: I don't even play a lawyer on TV...
My understanding is that there's a state protection in this circumstance. This is why a town who tried to make similar changes and lost, ended up with a "spite" (my word) strip club. Now, this may have been outright bans, not just zoning. And you may be right that it's town by town. I think we'll have to wait and see how it works out.
Curious ... what happens in this case to whatever lease agreement the shop had with the owner of the building?Newton has now blocked the gun store from opening:
Newton City Council approves restrictive zoning regulations for gun shops - Boston News, Weather, Sports | WHDH 7News
NEWTON, MASS. (WHDH) - The Newton City Council approved restrictive zoning regulations for gun shops.The regulations say firearm businesses would have to be located a<a class="excerpt-read-more"...
If the guy wants to give up and open in another town, is he screwed and has to pay whatever penalties are in the agreement?
I always thought this was a risk for gun shops, you start renting hoping you won't run into any huge roadblocks thst will prevent you from opening.
Jsfitzgerald85
NES Member
But it’s perfectly acceptable to build a liquor store in the same area. It’s far easier for a minor to buy alcohol than a gun. Dam hypocrites.
It isn't a town discretion thing, it is state law. If it were otherwise, I would never have lived in my house for the past 40+ years. Developer filed plans to build a large development (this was early 1950s), the town held up approving the development and changed the zoning law to require a minimum of 1 acre lots, then denied the applicant. Developer sued the town in Land Court and won. I researched the title to my property when I bought the house in the mid-1970s and learned that history. State law requires a town to honor the zoning regulations as of the date of the filing, and doesn't allow this sort of shenanigans.
If the proposed gun shop sues Newton, they don't stand a chance in court and it will cost the town. Problem with MGLs is that you can not recoup your legal fees when you win, so it will be a significant cost to the gun shop owner too.
and i bet it is precisely what the hypocrites in newton rely upon - that the whole battle with town will become financially unreasonable and the business will back out. that probably will be exactly the scenario.
and if they lose - it is also OK, as the whole thing was for the show anyway.
Mesatchornug
NES Member
Sounds like a job for Comm2A, NSSF, GOA...
AHM
NES Member
42 USC 1983, deprivation of rights under color of law.
Even includes punitive damages.
It's not my wheelhouse, but the store owner might need a gun
just to fight off all of the lawyers who are willing to take that case on spec.
AHM
NES Member
(Even if it isn't a Federal civil rights violation,
one would hope it makes for a good brush-back pitch anyhow).
This is interesting. Thank you.
If I win the mega millions I will finance that lawsuit and several others.
But he has to give NES members a small discount at the shop
... except a select few Biden lovers / trolls.
ReluctantDecoy
NES Member
Good to know. Just found it. State Zoning Act. I knew it must have been a rule, but good to know it is law.
if they need financial help to fight this I hope they consider crowdsourcing as I would absolutely contribute in the hopes that it teaches Newton you can't change the rules just to fit your agenda and the legal system deliver a solid smackdown to them
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IANAL and don't know if this rises to a Fed case or must be heard in Mass. Land Court. If Fed and 1983, they could recover legal fees from the loser (town) and that would be justice served.
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